2006 Minnesota Statutes

124D.65 LIMITED ENGLISH PROFICIENCY (LEP) PROGRAMS AID.
    Subdivision 1.[Repealed, 1999 c 241 art 1 s 69]
    Subd. 2.[Repealed, 1999 c 241 art 1 s 69]
    Subd. 3.[Repealed, 1999 c 241 art 1 s 69; art 2 s 62]
    Subd. 4.[Repealed, 1Sp2003 c 9 art 1 s 54]
    Subd. 5. School district LEP revenue. (a) A district's limited English proficiency programs
revenue equals the product of (1) $700 in fiscal year 2004 and later times (2) the greater of 20
or the adjusted marginal cost average daily membership of eligible pupils of limited English
proficiency enrolled in the district during the current fiscal year.
(b) A pupil ceases to generate state limited English proficiency aid in the school
year following the school year in which the pupil attains the state cutoff score on a
commissioner-provided assessment that measures the pupil's emerging academic English.
    Subd. 6. Participation of nonpublic school pupils. In counting the number of pupils of
limited English proficiency for purposes of this section, districts may include pupils of limited
English proficiency who attend nonpublic schools in the district. A district which counts those
pupils and receives aid pursuant to this section must offer those pupils the same programs on the
same terms that it offers to pupils of limited English proficiency who attend the public school. A
program provided for a nonpublic school pupil pursuant to this subdivision must be provided at a
public school or a neutral site as defined in section 123B.41, subdivision 13. Nonpublic school
pupils served by a district's educational program for pupils of limited English proficiency must
be counted for average daily membership pursuant to sections 126C.01, subdivisions 6 to 8,
and 126C.19, subdivisions 1 to 4.
    Subd. 7. Application dates. To obtain aid for limited English proficiency programs, a district
must submit information required by the department to implement this section.
    Subd. 8. Notification; revenue. The department must promptly inform each applicant
district of the amount of revenue it will receive pursuant to this section.
    Subd. 9. Records; audit. A district which applies for aid pursuant to this section must
maintain records which support the information contained in all of its applications. The
commissioner may audit these records upon request. A district which receives aid pursuant to this
section must keep additional records in the manner prescribed by the commissioner to ensure that
an educational program for pupils of limited English proficiency is implemented and operated in
accordance with sections 124D.58 to 124D.64.
    Subd. 10. Money from other sources. A district providing a program for pupils of limited
English proficiency must be eligible to receive moneys for these programs from other government
agencies and from private sources when these moneys are available.
    Subd. 11. Allocations from cooperative units. For the purposes of this section and section
125A.77, pupils of limited English proficiency enrolled in a cooperative or intermediate school
district unit shall be counted by the school district of residence, and the cooperative unit shall
allocate its approved expenditures for limited English proficiency programs among participating
school districts. Limited English proficiency aid for services provided by a cooperative or
intermediate school district shall be paid to the participating school districts.
History: 1981 c 358 art 3 s 10; 1982 c 548 art 3 s 8-11; 1983 c 314 art 1 s 22; art 3 s 8;
1Sp1985 c 12 art 3 s 10; 1987 c 398 art 3 s 17; art 7 s 26; 1989 c 329 art 3 s 4,5; 1991 c 265
art 3 s 5; 1993 c 224 art 3 s 11,12; 1Sp1995 c 3 art 15 s 1-3; art 16 s 13; 1996 c 412 art 3
s 11-14; 1Sp1997 c 4 art 2 s 8-11; 1998 c 397 art 2 s 93-96,164; art 11 s 3; 1998 c 398 art 1 s
21; 1999 c 241 art 1 s 3,4; art 2 s 11; 2000 c 464 art 3 s 1; 2000 c 489 art 2 s 5; 1Sp2001 c
6 art 3 s 4; 1Sp2003 c 9 art 1 s 14